Many call comedian Mike Ward a defender of free speech. Others have called him a bully. Following a ruling on Thursday, Ward's lawyer says he wants to take Ward's case involving Jeremy Gabriel to the Supreme Court of Canada. (Radio-Canada)

On Thursday–in a split decision–Quebec’s highest court, the Court of Appeal, essentially upheld the Tribunal’s decision. ruling that Ward’s comments about Gabriel’s disability compromised Gabriel’s right to the safeguard of his dignity and could not be justified, even in a society where freedom of expression is valued.

The court ruled Ward had to pay the $35,000 to Gabriel but not the $7,000 to his mother.

Canada’s Charter of Rights and Freedoms guarantees the right to freedom of expression, but two of the three judges ruled that Ward had surpassed the limit permitted by the law.

Ward’s lawyer, Julius Grey, says he he will seek leave to appeal the case to the Supreme Court of Canada.